Wanchoo, C.J.—This is a reference by the Sessions Judge of Balotra recommending that a criminal case pending against the applicant Keshri-mal be stayed pending disposal of a civil suit brought by Keshrimal against Saifal and his brothers.

2. The facts of the case are these. Saifal made a report to the police on the 22nd of June 1950 that he had been cheated and that Keshrimal had executed a farkhti in his favour a few days before and antedated it to a date in March 1949. This matter was enquired into by the police and Keshrimal was prosecuted, A charge under sec. 465 of the Indian Penal Code has been framed against Keshrimal by the Magistrate. In the meantime, Keshrimal riled a civil suit against Saifal and his brothers for the recovery of a large sum of money and that suit is pending in the court of the Civil Judge. In the civil suit, Saifal has raised a plea that the farkhti, which bears the date in March 1949 was really executed in June 1950 and, therefore, nothing remains due from him to Keshrimal. In this way, the question whether the farkhti was antedated arises both in the civil court and the criminal court. If the antedating is proved, there will be a conviction in the crimi

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